Current through November, 2024
Section 3-148-402 - Decision by the chief procurement officer(a) After a request for reconsideration and any reply thereto have been received, the chief procurement officer shall issue a written decision in accordance with this section.(b)Time for issuance of decision. The written decision shall be issued within fifteen calendar days of the receipt of the request for reconsideration, unless the chief procurement officer determines that an extension to a certain date is necessary, and gives written notice of the extended deadline to the parties.(c)Form and contents of decision. Every decision issued in resolution of a protest shall be in writing, and shall, at a minimum, contain the following: (1) The decision of the chief procurement officer to uphold the decision of the head of the purchasing agency, or to re-open the protest and award an appropriate remedy; and(2) A detailed statement of the reason for the decision, including factual findings.(d)Allowed remedies upon re-opening a protest. Upon re-opening a protest, the chief procurement officer may use only the following methods, singularly or in any combination, to settle and resolve a protest: (1) Amending or canceling a request for proposals;(2) Terminating the contract which was awarded;(3) Initiating a new process to award a contract by either re-opening the evaluation process or commencing a new procurement process;(4) Declaring the contract null and void from the time of its award;(5) Affirming the purchasing agency's contract award decision; and(6) Dismissing the protestor's protest.(e)Submission of decision. Copies of the decision shall be submitted to the protestor, the procurement officer in charge of the protested procurement, and the head of the purchasing agency by (2) By United States mail and, to the extent practicable, by telefacsimile transmission.[Eff JUN 19 1999] (Auth: HRS § 103F-106) (Imp: HRS § 103F-502)